Chinese Government recently enhanced the regulations on mobile apps’ data processing through new regulations and active law enforcement actions . On March 22, 2021, Cybersecurity Administration of China (CAC) jointly with other government authorities issued Regulations on the Scope of Necessary Personal Information for Common Types of Mobile Internet Applications, which defined the scope of necessary personal information for 39 common types of apps and prohibited the operators of the apps from collecting “unnecessary” personal information from the users. Since the Regulations come into effective as of May 1, 2021, CAC has released four announcements on a total number of 351 apps with irregularities in personal information processing activities. In this articles, we summarized the trends reflected in those recent law enforcement actions of CAC and provided several key points on the compliance works for personal information protection in the development and operation of Apps.
On June 10, 2021, China's National People’s Congress Standing Committee passed the Data Security Law (DSL). The DSL will become effective as of September 1, 2021, leaving less than three months for companies to adapt to the new data security regime. Garrigues has been closely following the legislative process of such law and we hope this article will help you to better understand the key contents of the DSL and its major implications on your business.
On June 10, 2021, China’s National People’s Congress Standing Committee passed the Anti-Foreign Sanction Law which comes into effective immediately. Similar to the EU’s “Blocking Statute”, the Law created a legal framework that will block the impact of the foreign sanctions on Chinese persons, prohibited relevant persons from following specific foreign sanctions, authorized the Chinese government authorities to launch retaliations and allowed relevant Chinese persons subject to the foreign sanctions to claim damages.
China’s data protection authorities have strengthened the regulations on personal information processing activities of mobile internet applications (App). Since May 1, 2021, in the law enforcement campaigns against over collection and coercive collection of personal information by Apps, a total number of 222 Apps have been ordered to be removed from App stores. On April 26, 2021, Communications Administration of Ministry of Industry and Information Technology of China released the Interim Provisions on Administration of Personal Information Protection of Mobile Internet Applications (Draft for Public Comment) (Provisions) seeking for public opinions. The Provisions detailed the compliance requirements on the personal data protection for Apps and provided policies and standards reflected in the recent law enforcement proceedings comprehensively for the first time.
China recently published the second version of the draft Data Security Law (DSL) with the purpose of seeking public opinions. According to the legislative plan of its legislative authority, China will formally enact the DSL within 2021. Hence the legislative authority is expected to perform a final review on the DSL and then pass the bill into law in the next few months. Considering the immediate and significant implications of the DSL on the PRC data protection and data security legal regime, in this article we provide you with some highlights of this new version of DSL (New Version of DSL).
China published the second version of its draft Personal Information Protection Law (PIPL) recently to seek public comments until May 28, 2021. Most of the articles of the previous draft PIPL have been maintained in this second draft (Second Draft) but there are important modifications made to address the new challenges to the personal information protection. Here we summarize the highlights in the Second Draft.
There are four types of transfer pricing obligations in China, which might require action by enterprises in 2021. The transfer pricing obligations include the preparation of master file, local file, special issue file and country by country report (CBCR) form.
Due to the worldwide impact of COVID-19 Pandemic, some foreign expatriates working in China are unable to return to work in China or travel abroad for overseas work functions. The extended or shortened staying days in China affect the tax residence status of the foreign expatriates, which in turn, might result in different Individual Income Tax (IIT) payable in China.
Despite uncertainties on arbitration regulations in China, the countrie´s arbitral institutions push to offer the best alternatives to adapt to the “new normal”.
The Chinese central and local government have issued a series of preferential policies in order to ease the burdens of the enterprises in mainland China, in particular, the SMEs, which are affected by the Novel Coronavirus Pneumonia (NCP).